Carl’s Cannabis Corner – March 9, 2014

It’s an open phone today: (567) 314-2730. The access code is 420420# (four twenty, four twenty, pound sign). The show begins at 1:00 p.m. Central Time.

We are going to discuss agency rule making and other agency actions today, along with judicial review. State and federal law are similar in the way state agencies are set up under the state and federal constitutions. Both the state of Iowa and the federal government have administrative procedures acts. The federal Administrative Procedures Act (APA) is found in Title 5 of the United States Code. The Iowa Administrative Procedures Act is found in Title 17A of the Iowa Code. Agencies have broad discretion in the interpretation of the statutes they administer, because that is why they are created in the first place (to administer statutory duties of the executive branch created by the legislatures). We are going to talk specifically about the authority of administrative agencies to determine “accepted medical use” of controlled substances.

We’ll be talking about the Iowa Board of Pharmacy meeting last Wednesday, March 5, and the upcoming meeting this coming Wednesday, March 12. The ACLU of Iowa submitted a legal memorandum, ACLU comments in support of La France Petition, in the case on March 7. On March 4, Dr. Steven Jenison, former director of the New Mexico Medical Cannabis Program (2007-2010), and former chair of the Advisory Board to the New Mexico Medical Cannabis Program (2011-2013), sent the board a letter, Iowa Board of Pharmacy letter March 4 2014, reminding them of their duty to recommend rescheduling.

I’ll explain the change of plan in my petition for judicial review.

The 2012 Petition

Petition – August 2012
Ruling – January 2013

The 2013 Petition

Petition – August 2013
Ruling – November 2013

And, finally, the Democratic and Republican parties held their county conventions yesterday and we’ll do a quick review. Medical marijuana made it into the Democratic party platform without objection. Republicans, on the other hand, are really, really against medical marijuana (and they don’t like Democrats much, either).

First speaker against medical marijuana

First speaker for medical marijuana

Second speaker against medical marijuana

Third speaker against medical marijuana